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Calcutta High CourtCP/59/2016disposed

Re: M/S Rashmi Metaliks Limited - And v. Sri Shankar Bhattacharjee & ORS.

2021-02-26Hon'Ble Justice Debangsu Basak2 pages

OD 12 ORDER SHEET CP/59/2016 IA NO.CA/1/2019

IN THE HIGH COURT AT CALCUTTA

ORIGINAL JURISDICTION ORIGINAL SIDE RE: M/S. RASHMI METALIKS LIMITED AND SRI SHANKAR BHATTACHARJEE & ORS.

BEFORE:

The Hon'ble JUSTICE DEBANGSU BASAK Date: 26th February, 2021.

(Via Video Conference) Appearance:

Mr. Aritra Basu, Adv.

Mr. Anujit Mookherji, Adv.

Mr. Muktipodo Ghosh, Adv.

Mr. Arif Ali, Adv.

Mr. Prabhat Kumar Srivastava, Adv.

Ms. Debarati Das, Adv.

The Court: Affidavit-in-opposition filed in Court be taken on record. Since the winding up petition is at the pre-admission stage and in view of 2020 SCC Online SC 1025 (Action Ispat and Power Pvt. Ltd. Vs. Shyam Metalics and Energy Ltd.), CP/59/2016 be transferred to the National Company Law Tribunal, Kolkata for adjudication.

The Department will treat CP/59/2016 as disposed of so far as the records of this Hon'ble Court are concerned.

In view of the order of transfer, no further order need be passed in CA/1/2019, which is an application for transfer of the winding up petition. CA/1/2019 is disposed of accordingly.

(DEBANGSU BASAK, J.) B.Pal